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89-- 103690
<br />t. Condemnation. The proceeds of any award or claim for damages, direct or consequential, to connection with any
<br />condemnation orother takingotthe Property, or pan thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />r and alien be paid to Lender.
<br />In the event of a total taking of the Property, the proceeds shall be applied to the sums assured by this Deed of Trust, with
<br />the excess, It any, paid to Borrower. In ft event of a partial taking of the Prop", unless Borrower and Lender otherwise
<br />agree in writing, thetes mall beappliod to the sums secured bythis Deed of Trustsuch proportion of the proceeds as is equalto
<br />Ihat propoortion which the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to the
<br />fair market value of the property immediately prior to the date of taking, with the balance of the proceeds paid to Borrower.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an
<br />Award or settle a claim for damngqt:. Borrower fails to respond to Lender within 30 days suer the dale such notice is mailed,
<br />Lender is authorized b collect and apply the proceeds, at Lendsr's option, eMw to restoration or repair of the Properly or to
<br />the sums secured by this Deed of Trust.
<br />Unless tender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or
<br />postpone the due date of the monthly installments referred to in paragraphs / and 2 hereof or changi ttto amount of such
<br />installments.
<br />10. Borrower Not ReNaeed. Extension of the time for payment or modification of amor ization of the sums W%lmd.by thin
<br />Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to relisaim in any iiila0009r, the
<br />liability of the original Borrower and Borrower's successors interest. Lender shall not be required to corn?trtrstlCe finggs
<br />against such successor or refuse to extend time for payment or otherwise modify amortization of tN %me **6'~ by oft
<br />Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors fry interest
<br />11. Forbearance by Lender Not a Waker. Any forbearance by Lender in exercising any right or + remedy havouride ' oir
<br />otherwise O(xded by applicable law, shall not be a waiver cork ©upreclude the exercise of any such Cot .or,tslMa tr= Whe
<br />procurement o► inauriltn.+ rQOlMepaymentoftaxesarotherliensorbharg eb vLendershallnotbeaweivet•otLef% stightto
<br />accelerate the maturity 0 the indebtedness secured by this Deed of T»it.�1
<br />1Z. Rerrfedles Cumulative All remedies provideO In this Deed of Trusts ASCU distinct and t :uirtittl' b i W anpp drttter light or
<br />remedy under this Deed of Trust or afforded by law or equity, and may be exercised cotvurirthtiy, independently or
<br />successively.
<br />13. Successors and dioufrcl; Joint•, and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the r ghtslief -under st uli enure to, the respective successors and assigns of (;,ender and Borrower.
<br />.mbject to tiro provisions of paragraph IT hereof. Ail covenants and agreements of Borrower shall bei'o'nt and several. The
<br />�Ms and headings of the paragraphs of this teed of Trust are for convenience only and are not to i ;used to intsrpretor
<br />tide provisions hereof.
<br />14. 1111@44 s. Except for any notice required under applicable paw to be given in another screamer, (a) any notice to Rwmwer
<br />provided;+t w Im this Deed of Trust shard be given by mailing such orolice by certified mail adrt( -essed to Borrowerat the:Pxopery,
<br />Address atsat such ogler address as Borrower may designate by notice to Lender as provided herein and (b) any notice b
<br />lender shall be given by certified mail, return receipt requested, clot ttnder'saddress stated herein or 16 s<umh other atMdress as
<br />Lender may designate by notice to Borrower as provided herein. Any notice provided for iniftsDeed otTrust shalt badeemed
<br />to have been given to Borrower or Lender when given In the ►+?canner desigmted herein.
<br />iii. UaMerna Deed of Trust Geverril" Law; iewraWft -The form of deed of trust combines uniform covatiwts for
<br />national use and non - uniform covenants with limited variatknis by jurisdiction to constitute a uniform security instrument
<br />= .."r.�.I l`.p—'*'. T «: v' v v T:i:''�. in.�:t w jni:v:•.w vj ar�iw ivw w* rR lti"idivsk", fir iiiiiliti i ► t�- iv�rerii is )%^Meow'. Iry
<br />Me.. w that any proitw n of clause of this Deed of Trust or the Note con(Vnts with applicable law, such conflict shall not
<br />affect other provisions.r tNe Deed of Trust or the Note which can begivenifact without the conflicting provisions. and tothis
<br />end the provisions of )!he peed of Trust and the Note are declared to be severable.,
<br />If. Gwrewer's Capjr. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of
<br />execution or after recordation neire0t.
<br />17. TNNNW of tee Property; Aswmpflon. if an or any part of the property or an interest therein is sold or transferred by
<br />Borrower without Lender's prior written consent, excauding (a) the creation a. a lien or encumbrance subordinate to this Deed
<br />of Trust. (b) the creation of a purchase money security, interest for households appliances, (c) a transfer by devise descent or by
<br />operstieonof low uponti» deathofajointtenantor( fiate grant e. any leasehMinterestofthreeyearsor S" noteottsiningan
<br />option to purchase, Lender may. at Lender's option; declare si,i t" !sums secured by this Deedof Trust to be immediately dire
<br />and paysWe. Lender shall have was wed such option to acr*Wete if, prior to the sale or transfer, Lender and, vyw j ny to
<br />whom the Property is to be sold of "r sferred reach agreement in writing that the credit of such person is 10
<br />Lender and that the interest payable an the sums secured by this Deed of Trust shall be at such rate as L,wxW shall request If
<br />Lender has waived the radon to accelerate provided in this paragraph 17, and it Borrower's succemor in interest has
<br />executed a written assurz ption agreement accepted in writing by Lerder. Lender shalt release Borrd*w N om all obligations
<br />under this Deed of Trust and the Note.
<br />N Lenderr exercises such option to accelerate. Lender slmx { mail Borrower notice of acceleration in acco"filirce with
<br />paragraph `1 +4;hereof. Such notice smatt provide aperiodofnot! than 30 daysfrom the date the notice is mailed wiftri which
<br />Borrower eta pay the sums declaifeddue. If Borrower faits to pay such sucan prior to the expiration of such period, Lender
<br />may, without further not:c or demard,cn Borrower, invoke any remedies,ptitsrmitted by paragraph IS hereof.
<br />NONUNIFORM COVENANTS. Gower and (,.ender further covenant vW "m as IoNotire:
<br />It Accoleratlon; Remedies. Except as prov;ded in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower in this Deed of Trust, including the covenants to pay when due anysums secured by this Deed of Trust,
<br />Lender priar'to acceleration shal l mail notice to Borrower as provided in paragraph 14 hereof speciftyying; (1) the breech; (2) the
<br />action required to cure such breach; (3) a date, nat tens than 30 days from the date the notice is mailed to8orrower, by which
<br />suet► tlrtaaeh must be cured, and (4) that failure to cure such breach on or before the date specified in Twr►otice may result in
<br />cr etierab'gn of the sums secured by this Dead of Trust and sale of the Property. The notice shall further 4eftrm Borrower of the
<br />n 14411 ar:state sfhW40 %IerabW and the right to bring a court action to assert the nor:, - existence of a default or any other
<br />detensir 6f9 rrowerioacceieratiorrendsate. rfthe!reach tsnot cured on or before the daAQ specified in the notice,,ictlsrtderat
<br />Lender's ,,apition may declare all of.th a sums secured by this Deed of Trust to be immediately due and payable witft wt WrVw
<br />demand, W4 may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be'O Mied to
<br />collectalf easonsblecosband expenses incurred in purswng the remedies provided in the paragraph 19, including. tit not
<br />I~ b, reasonably nraaeyy'�s fees,
<br />N the power of sale is invoked. Trustee shall record a notice of default in each county in which the Pt 4perty or some part
<br />thereof is located end shall mail copies of such not ice in the manner prescribed by applicable law to Bomw aer and totheother
<br />persons prescribed by applicable law. After site lapse of such time as may be ("I uired by applicable law Trusee shall give
<br />public notice of sale b the persons and in the manner prescribed by applicable law. Trustee. without demand on Borrower,
<br />shsli sefi the Property at public auction to the highest bidder at 11m lime and piece and under the terms desiIggnated in the notice
<br />of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale ofall or any parcel of
<br />tee Prop" by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee
<br />t *y veircite" the Properly at any sale.
<br />Upon receiptolpiayrraerNofthepricebid. Trustee shall deliver tothepurchaserTrustee 's dew cotveyin theProperty sold.
<br />The recrials in theTruatee's deed shall be prima facie evidence of the truth of the statements made therein. rustee shaliapply
<br />Me proOeelfs of she sale in the followi ng order: (a) to all reasonable costs and expenses of the sale, including, but not limited to,
<br />Trustee'sfeesornotmorethan % ofthegrosssat eprice, reasonableartorney 'sfeesandcostsoftitleevidence;
<br />(b) b eN sums endured by tine Deed of Trust; and (c) the excess. if any, to the person or persons legally entitled thereto.
<br />It.-- —'s Riph1 to RebotMe. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust
<br />Borrower shaa Mire the fight 00 have any proceedings begun by Lender to enforce the Deed of Trust discontinued atanytime
<br />PcKw Uj site earlier to occur of ft) the fifth day before the sale of the Property pursuant to the power of sale contained in the Deed
<br />of Trust (it) entry of a judgment enforcing this Deed of Trust it- (a) Borrower pays Lender all sums which would be then due
<br />under this Deed of Trust, the Note and notes sscurinrh Future Advances. if any. had ro acceleration occured.(b) Borrower
<br />cur" all t)reeches of any other covenants or Agreements of Borrower contained in this Deed of Trust 1c) Bnrrower pays all
<br />'ensonabteeitrmr 1 v tsincuttedt) yI. ender aridTtugteeenf orcingtheco, roriantsandagreement sofGottvwercontainedinthis
<br />00eidct Tr,istarid- enforcing Leta(lot t. and ►rwite8 rr, retnftfi`ieB as provided to paragraph 18 ofireot. ,rMud :rig. but not limited
<br />to rpxSt .+'site -t! .1'iz�ti"(Ip It foes a`Ztj j:l; fie! r►tw(!r t3ke3 ,UCi 001(in a, Lender mtly reasorlabiy I t iii rte to nnS-,ry viat the lien of
<br />ih'P'I ",1 Tr,, ;t ; endef n inti!le it, t, the Vro ifirt• and fifllto Af ?t C tit)11, ;ISd`, �� , t� �
<br />C >' ; t• et;f} thv sutt� � i.(- IireU try rtes Osoot of Trutt
<br />I.!r -! t%:. �r r •!?410•tCCt t lai')ru st; r.!i [7:.1/ntn r,t r) tiff ( Uto b 11+)I rn*(!I ti'tfn 04'ed of l ru ,tare I'r,ry •.t•t g;11,Im . ter, -tired 1101 vby
<br />7Gr b . tCr.� -; - a r•r t:u,g rrr:ri (�'!t� t rf'� rt r.. tfr ,.o!(oreitit,at taJ !�t.t.u!rttf
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